Commonwealth Consolidated Acts

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 194S

  (1)   This section applies if:

  (a)   the Scientific Committee undertakes an assessment under this Subdivision; and

  (b)   before giving the assessment to the Minister, the Committee becomes aware that:

  (i)   the Australian Heritage Council is undertaking, or has undertaken, an assessment of a place under Subdivision   BA or BB of Division   1A of Part   15 or under Subdivision   BA or BB of Division   3A of Part   15; and

  (ii)   there is a matter that is relevant to both the assessment referred to in paragraph   (a) and the assessment referred to in subparagraph   (i).

  (2)   A member of the Scientific Committee may discuss the matter with a member of the Australian Heritage Council.

  (3)   Before the Scientific Committee gives an assessment to the Minister under this Subdivision, the Committee must comply with subsection   (4) or (6).

  (4)   If the Australian Heritage Council has not yet given the Minister an assessment that deals with that matter, the Scientific Committee must:

  (a)   give the Council a copy of the assessment that the Committee proposes to give to the Minister; and

  (b)   invite the Council to give the Committee its comments in relation to that matter; and

  (c)   take into account, in finalising the assessment that the Committee gives the Minister, any comments that the Council makes in relation to that matter in response to that invitation within 14 days, or such longer period as is specified in the invitation, after being given the invitation.

  (5)   If the Scientific Committee gives the Australian Heritage Council a copy of a proposed assessment under paragraph   (4)(a), the Committee must also give the Council a copy of the assessment that the Committee gives the Minister.

  (6)   If:

  (a)   the Australian Heritage Council has already given the Minister an assessment that deals with that matter; and

  (b)   the Scientific Committee has been given a copy of that assessment;

the Committee must take that assessment into account in finalising the assessment that the Committee gives the Minister.

  (7)   If, under section   324JR, 324JS, 341JQ or 341JR, the Australian Heritage Council gives the Scientific Committee a proposed assessment, or an assessment, that deals with a particular matter because the Committee is undertaking an assessment that deals with that matter, a member of the Committee may discuss that matter with a member of the Council.

  (8)   Subsection   (2), paragraph   (4)(a) and subsections   (5) and (7) have effect despite section   189B.